Determining Student Due Process and Privacy Rights
Determining Student Due Process and Privacy Rights xxxx American College x
Determining Student Due Process and Privacy Rights In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.
Scenario
The following scenario is presented: “A sixth-grade student, Julia, has been enrolled at your school, of which you are the principal, for about three months. Julia is prone to brief, disruptive outbursts in class and has had trouble getting along with her teachers and classmates. She also has difficulty paying attention in class and does not sit still during tests and quizzes. Julia has an IEP, which includes a behavior plan. Just after Julia’s teacher passes out a quiz, Julia jumps up from her desk and runs around the classroom shouting profanities. In the process of running around the room, a marijuana joint falls out of Julia’s pocket. Campus security is called to restrain Julia, and she soon identifies another student from a different classroom, Marcus, as having given her the drugs earlier that day.”
I will address the content of the scenario as if this were a real student within my school setting. I will have to modify this assignment due to my setting. Though the student may have rights under her Individualized Education Plan (IEP), because I work in a court facility, state law regarding the incarcerations of minors would be enacted and this would not become a school issue as far as expulsion or suspension. However, other settings within the LA County Office of Education we have school discipline issues which rears its ugly head.
Determining Student Due Process and Privacy Rights In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.
Scenario
The following scenario is presented: “A sixth-grade student, Julia, has been enrolled at your school, of which you are the principal, for about three months. Julia is prone to brief, disruptive outbursts in class and has had trouble getting along with her teachers and classmates. She also has difficulty paying attention in class and does not sit still during tests and quizzes. Julia has an IEP, which includes a behavior plan. Just after Julia’s teacher passes out a quiz, Julia jumps up from her desk and runs around the classroom shouting profanities. In the process of running around the room, a marijuana joint falls out of Julia’s pocket. Campus security is called to restrain Julia, and she soon identifies another student from a different classroom, Marcus, as having given her the drugs earlier that day.”
I will address the content of the scenario as if this were a real student within my school setting. I will have to modify this assignment due to my setting. Though the student may have rights under her Individualized Education Plan (IEP), because I work in a court facility, state law regarding the incarcerations of minors would be enacted and this would not become a school issue as far as expulsion or suspension. However, other settings within the LA County Office of Education we have school discipline issues which rears its ugly head.
References: California Department of Education. (2012). Laws & regulations: A composite of Laws. Retrieved from http://www3.scoe.net/speced/laws_search/searchLaws.cfm California Department of Education Los Angeles County Office of Education. (2007). SELPA Handbook. n.p. Los Angeles County Office of Education. (1996). Division of juvenile court schools handbook (sec. IV). Author. Los Angeles County Office of Education. (2008). Policies and Regulations. Los Angeles: Author. Marshall, M. (2010). Discipline without Stress, Punishments or Rewards. Piper Press. Public Counsel Law Center. (2010). School discipline. Los Angeles. Thomas, A., & Grimes, J. (2002). Best Practices in School Psychology IV (Volumes 1 & 2). Bethesda, MD: National Association of School Psychologists. In Best practices in school psychology IV.